February 06, 2020

Lender and Servicer Held Liable for Making False Claim for Real Estate Taxes

Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.

5th Circuit, Texas, Texas Southern District

February 13, 2019

An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court

A non-objecting creditor is bound by a third-party release even if the release may have been improper.

5th Circuit, Texas, Texas Southern District

June 19, 2018

Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim

Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.

5th Circuit, Texas, Texas Southern District

April 06, 2018

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

5th Circuit, Texas, Texas Southern District

November 24, 2017

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

5th Circuit, Texas, Texas Southern District

November 17, 2017

No Statute of Limitations for Suing on a Trustee’s Surety Bond

Removing and discharging a trustee are not synonymous, Houston judge rules.

5th Circuit, Texas, Texas Southern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

May 23, 2017

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

5th Circuit, Texas, Texas Southern District

April 11, 2017

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

5th Circuit, Texas, Texas Southern District

March 28, 2017

Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine

After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.

5th Circuit, Texas, Texas Southern District